Backup Documents 10/25/2022 Item #10A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1.0 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing Office Initials Date
order)
1. County Attorney Office County Attorney Office 17/!Y9 19 26
2. BCC Office Board of County Commissioners 1 r
Lyftt4( 7
3. Minutes and Records Clerk of Court's Office rn,F «f Z 10-P,4- 1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jennifer Belpedio,Manager,Real Property Phone Number 252-8780
Contact/ Department
Agenda Date Item was October 25,2022 Agenda Item# 10A
Approved by the BCC Add-on Item
Type/Name of Document 5th Amendment to BigShots Naples LLC Long-term Number of
Attached Lease and Operating Agreement Original 1
Documents
Attached
Account string if document
is to be recorded 001-100510-649030
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the PJB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PJB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip PJB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC as stated above,and all changes made PJB N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 14/409 an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 6325840 OR 6187 PG 2826
RECORDED 11/3/2022 1:06 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
FIFTH AMENDMENT TO COLLIER COUNTY STANDARD FORM 1 0 A
LONG-TERM LEASE AND OPERATING AGREEMENT
FOR THE
GOLF AND ENTERTAINMENT COMPLEX
TO EXTEND THE FINANCING CONTINGENCY PERIOD
THIS FIFTH AMENDMENT TO THE COLLIER COUNTY STANDARD FORM LONG-
TERM LEASE AND OPERATING AGREEMENT FOR THE GOLF AND ENTERTAINMENT
COMPLEX TO EXTEND THE FINANCING CONTINGENCY PERIOD(the"Amendment")is entered
into this 25+4' day of October, 2022, by and between CC BSG Naples, LLC, a Nevada limited liability
company,registered to do business in the State of Florida,whose mailing address is 3030 LBJ Freeway,
Suite 500, Dallas, Texas 75234, hereinafter referred to as "Lessee or BigShots," and Collier County, a
political subdivision of the State of Florida, whose mailing address is do Real Property Management,
3335 Tamiami Trail East,Suite 101,Naples,Florida 34112,hereinafter referred to as"Lessor or County,"
collectively referred to as the"Parties."
WITNESSETH
WHEREAS, the Lessor and Lessee have previously entered into a Lease Agreement dated May
25,2021, hereinafter referred to as the"Lease," which is incorporated herein by reference and is made a
part hereof this Amendment; and
WHEREAS,on September 14,2021,the Lessee and Lessor entered into a First Amendment to the
Lease extending the Financing Contingency period set forth in Article 4 of the Lease to the earlier of
October 31,2021, or the delivery of a loan commitment letter from the Lessee's lender,with an effective
date of September 1,2021; and
WHEREAS, on September 28,2021,the Lessee and Lessor entered into a Second Amendment to
the Lease to amend and clarify the legal description of the leased premises; and
WHEREAS, on October 26, 2021, the Lessee and Lessor entered into a Third Amendment to the
Lease extending the Financing Contingency period set forth in Article 4 of the Lease through and including
November 30, 2021, with the provision that the Lessor could further extend the financing contingency
period provided that the Lessee is diligently pursuing its financing for the project; and
WHEREAS,on January 25, 2022,the Lessee and Lessor entered into a Fourth Amendment to the
Lease extending the Financing Contingency period set forth in Article 4 of the Lease through and including
February 28, 2022, with the provision that the Lessor could further extend the financing contingency
period provided that the Lessee is diligently pursuing its financing for the project; and
WHEREAS,the Parties are desirous of further amending the Lease to allow for a further extension
of the Financing Contingency period set forth in Article 4 of the Lease through and including April 30,
2023.
1UA
NOW, THEREFORE, in consideration of the covenants and agreements provided within the
Lease,and Ten Dollars($10.00)and other valuable consideration,the Lease is hereby further amended as
follows:
I. The above recitals are incorporated into this amendment as if fully set forth herein.
2. Article 4 of the Lease shall be amended and replaced with the following:
Financing Contingency. Lessee shall have through and including April 30, 2023 ("Contingency
Period")to secure sufficient financing for construction of the BigShots Facility. Lessor may,at the
request of Lessee, and provided Lessee is diligently pursing such financing, extend the
Contingency Period. In the event Lessee is unable to secure financing on terms acceptable to
Lessee in its sole and absolute discretion, Lessee shall have the right to terminate this Lease
without penalty by giving Lessor notice of termination prior to the expiration of the Contingency
Period.
3. Except as expressly provided herein, the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms and conditions are applicable hereto except as
expressly provided otherwise herein.
Signatures appear on the following page.
10A
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Fifth Amendment the
day and year first above written,with an effective date of October 25 fti , 2022.
ATTEST: AS TO THE LESSOR:
Crystal K, Kinzel,Clerk of the BOARD OF COUNTY COMMISSIONERS,
Circuit Court and Comptroller COLLIER COUN FLORIDA
/1/1 f) A iLL
BY.. BY: _.+''i 0%0
Attest d8 ai Deputy Clerk W''iam L. McDaniel,Jr.,Chair
signature 01%
Approve af t rm and legality:
'II
Je rey A. Klatzkow
County Attorney
0A
AS TO THE LESSEE:
CC BSG Naples,LLC,a Nevada limited
liability company
Wilnes (signature) l;mily Decker, Secretary
W\K`A, Date: 1 C� - a.a- 1.aa(print ttume)
to t /
Witness(signature)
Honk
(print name)